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L6 equity & trusts
- 1. Finding and Evaluating Information Refresher for Equity and Trusts Sue House
- 2. Trusts of the Family Home …a ‘witch's brew, into which various esoteric ingredients have been stirred over the years and in which different ideas bubble to the surface at different times.’ Carnwath LJ
- 3. Learning outcomes By the end of the session today you will be able to: • Deconstruct the assignment question • Create a mind map of the main topic • Plan your literature search: • List what information you already have to hand • List keywords – synonyms, broad & specific terms • Note what you are going to look for • Read and make notes/start writing • Review
- 4. Starting Research – Mind Map
- 5. Deconstruct Assessment Question Critically evaluate the significance of the decisions in Jones v Kernott [2010] 1 FLR 38 AND Stack v Dowden [2007] UKHL 17 in relation to trusts of the family home. Would you agree that the development of the criteria for establishing such a trust is subject to inconsistency in judicial reasoning?
- 6. Deconstruct Assessment Question Critically evaluate the significance of the decisions in Jones v Kernott [2010] 1 FLR 38 AND Stack v Dowden [2007] UKHL 17 in relation to trusts of the family home. Would you agree that the development of the criteria for establishing such a trust is subject to inconsistency in judicial reasoning?
- 7. Keywords •Jones v Kernott •Stack v Dowden Resulting or constructive trusts •Gissing v Gissing •James v Thomas Equitable or Case names beneficial [2007] EWCA Civ Trusts in interests the family 1212 home •Drake v Whipp •Tinsley v Milligan Cohabitants Cohabitees Proprietary •Lloyds Bank plc v Cohabitation Cohab! estoppel Rosset
- 8. Learning outcomes By the end of the session today you will be able to: • Deconstruct the assignment question • Create a mind map of the main topic • Plan your literature search: • List what information you already have to hand • List keywords – synonyms, broad & specific terms • Note what you are going to look for • Read and make notes/start writing • Review
- 9. Contact details Sue House schouse@glam.ac.uk Phillip Jones LexisLibrary phillip.jones4@ lexisnexis.co.uk Jemma Russant Lawtel & Westlaw glamorgan.westlaw@ gmail.com
- 10. Creative Commons Image Credits http://www.flickr.com/photos/judepics/30776 3587/sizes/m/in/photostream/ http://dynamicthinker.wordpress.com/2009/09 02/mind-map-art-part-2/ http://www.ballarat.edu.au/aasp/is/library/blog
Editor's Notes
- Why am I here today?This session is part of the Law School staged induction at Level 6 – third year of your studies, increased expectation for independent research and critical evaluation of information relied upon in your academic work.Aim is to REFRESH you about what information resources are available to you from the library to help you answer your formal assignment question for Equity and Trusts.
- The broad topic focus is ‘trusts in the family home’, appropriate quotation for the time of year!
- By the end of the session today you will be able to:Deconstruct the assignment questionCreate a mind map of the main topicPlan your literature search: create your bibliography as you go along!List what information you already have to hand:lecture notes, core texts?List keywords – synonyms, broad and specific terms: dictionary/thesaurus/indexesNotewhat you are going to look for (plan, less likely to be distracted!): e.g. textbook titles, case names, journals, legislation, official publications, websites etc.Read and make notes/start writing:add to your mind map/draft an essay plan - GUIDES from the EDICReviewHas anyone made a start on looking for information to answer the assignment question yet? Yes or NoHave you covered the topic in class yet? Yes 27th OctWhen is the assignment deadline? 8th Dec (after today 35 days to complete this – work back from your deadline and plan your study time with your other commitments.)How many words? 1800 (not that many! Be selective, write concisely, look at assessment criterion – critical analysis and evaluation, not looking for simple description at Level 6.)This session today will enable you to make a start on planning your legal research.If you take some notes as we go along, these will give you a focus for thinking about what keywords/case names to search for and where to look for relevant information.TIME LIMIT - We don’t want to spend a lot of time looking for information – we want to find it quickly then use the majority of the time reading, making notes and formulating the answer. But REMEMBER research is an iterative process, that means after actively reading what you have found, you may find that the information doesn’t fulfil your requirements and you may need to revisit your keywords and your search plan and look for other alternative information to support your argument.
- ACTIVITY:Mind maps are useful to get down on paper all that you know about a topic – keywords that you can use to search with.Start with the assessment question, read it carefully and pick out the key information to search for and the topic keyword, other good starting points are your lecture notes and core textbooks.
- ACTIVITY: To Help you start the processSpend a minutelooking at the question and pick out the topic keywords. (+ the two key cases obvious!)Note them down if you wish – put the main topic in the centre of your page, this is the start of your mind map.
- ACTIVITYWhat are you being asked to do with this topic ‘trusts in the family home’?Critically evaluate Development of the criteriaRecent case law but further assignment advice (see below) suggests it is a good idea to pay attention to previous case law and hence how the judicial reasoning has changed over time, has it become inconsistent?Would you agree with the following statement – yes or no - with reasoned answers referring to authorities (textbooks/case law – primary source of law/journal articles/official publications e.g. Law Commission reports.Development of the criteria Further advice: The assessment criteria and marking skills are set out below. You must hand in two copies. While I would expect reference the two cases in the question, I would also expect references to older cases establishing the criteria for the trusts to be considered. You should also comment on whether the resulting trust in considered more restrictively than the constructive trust and evaluate whether this would be appropriate.
- This is just an example, you will be able to think of more keywords, you know more about the topic than I do!ACTIVITY – 2 minutes make a note of the key case law, can you think of other keywords or case names to addto your mind map?If you are stuck, in practice you would start looking at your lecture notes, core textbooks, dictionaries and thesauri at this point, or discuss with your friends and colleagues.DEMO – don’t want to spend too long looking for information – want to find good quality information quickly, want to spend my time reading, reflecting and writing, going to see what I can find in the remaining time.Jones v Kernott [2010] 1 FLR38Stack v Dowden [2007] UKHL 17Westlaw (look at List of Connectors for how to combine keywords) and LexisChoice of keywords and connecters (how you combine them) is yours!“trusts of the family home”“sharing homes” cohab! – in Westlaw will get all cohabitant, cohabitee, cohabiting etc
- Summary
- Make the most of the time available to you:Reading week Seminar time in the week following because there is not a workshop associated with this lecture session.You should know enough now to be able to tackle this question but if you do need further help you can contact me or the student reps for the databases.Thank you for listening!